CEDH · CASELAW;CLIN;ENG — 17 mars 1997

.s3ABFC313 { font-size:10pt } .sD4B5322E { margin-top:12pt; margin-bottom:12pt; text-align:justify } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .s65B66A85 { margin-top:12pt; margin-bottom:12pt } .s97EB40D9 { margin-top:12pt; margin-bottom:14pt; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s6863D229 { width:26pt; display:inline-block } .s8B6C6D43 { margin-top:0pt; margin-bottom:0pt; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law March 1997 Neigel v. France - 18725/91 Judgment 17.3.1997 Article 6 Article 6-1 Civil rights and obligations Length of proceedings for reinstatement and for payment of salary instituted by civil servant working for town council who had been granted leave of absence: Article 6 § 1 not applicable [This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.] A.   Whether there was a dispute ( contestation ) over a "right" Recapitulation of Court's case-law - point not contested in instant case. B.   Whether applicant's right was a "civil" one In the law of many member States of Council of Europe there is a basic distinction between civil servants and employees governed by private law - Court has consequently held that disputes relating to recruitment, careers and termination of service of civil servants are as a general rule outside scope of Article 6 §   1. Applicant had essentially been seeking reinstatement to permanent post of shorthand typist she had held previously, which had been refused by town council - she had thus raised a dispute relating to her recruitment, her career and the termination of her service, which therefore did not concern a civil right within meaning of Article   6 §   1 - payment of salary applicant would have received if reinstated directly dependent on prior finding that refusal to reinstate unlawful. Conclusion : Article 6 §   1 not applicable (eight votes to one).   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes